Procedural Regulations

 

A marine mammal observer at work on the JOHN N. COBB

Photo 4: A marine mammal observer at work on the JOHN N. COBB
(NOAA Photo Library)

The regulations governing NOAA's administrative proceedings for the assessment of civil penalties; suspension, revocation, modification, or denial of permits; issuance and use of written warnings; and release or forfeiture of seized property can be found at 15 CFR Part 904 (the 904s). The regulations were most recently amended in 2006 and 2010.

2006 Amendments

On March 10, 2006, a final rule amending the 904s was published in the Federal Register (see 71 Fed. Reg. 12440). The 904 regulations had been virtually unchanged since their original promulgation in 1987. The amendments in the final rule, which were quite extensive, addressed relevant changes in the law and in agency practice that had occurred during the intervening nineteen years..

2010 Amendments

On June 23, 2010, a final rule amending the 904s was published in the Federal Register (see 75 Fed. Reg. 75631). The principal change was removal of the requirement that an Administrative Law Judge state good reason(s) for departing from the civil penalty or permit sanction assessed by NOAA in its charging document. This revision eliminated any presumption in favor of the civil penalty or permit sanction assessed by NOAA. The other change corrected a clerical error in a citation to rules pertaining to protective orders issued by Administrative Law Judges.